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Department of Homeland Security, et al. v. Vijayakumar Thuraissigiam

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 18-55313 · judgment March 7, 2019

Decided · June 25, 2020
Pre-decision estimate: 25% cert probability (95% interval 19%–33%)

Before the decision, about 6.1× the 4.1% base rate. The model weighted this up for a federal-government petitioner, counsel who has won certiorari before, and a Ninth Circuit decision below.

Question presented

Respondent is an inadmissible alien who was apprehended almost immediately after illegally crossing the U.S. border and was placed into expedited removal proceedings. See 8 U.S.C. 1225(b)(l). An asylum officer conducted a credible-fear interview and found that respondent lacked a credible fear of persecution on a protected ground or a credible fear of torture. Upon de novo review, an immigration judge reached the same conclusions and respondent's expedited-removal order became final. Respondent then filed a petition for writ of habeas corpus, which the district court dismissed for lack of jurisdiction because it did not raise the kinds of habeas challenges to expedited-removal orders that are permitted under 8 U.S.C. 1252(e)(2). The court of appeals reversed, concluding that Section 1252(e)(2) violated the Suspension Clause, U.S. Const. Art. I, § 9, Cl. 2, as applied to respondent. The question presented is whether, as applied to respondent, Section 1252(e)(2) is unconstitutional under the Suspension Clause.

Counsel of record

For petitioner
Noel John Francisco
Jones Day

For respondent
Lee Gelernt
American Civil Liberties Union

Case

Conference history
Distributed for 2 conferences

Amicus briefs
12 merits
(3 supporting pet./neither, 9 respondent)

Argument & decision

Argued March 2, 2020 — Edwin S. Kneedler · Lee Gelernt. Audio and transcript

Decided June 25, 2020. Opinion by Alito.

Proceedings

  1. Jul 27 2020
    JUDGMENT ISSUED.
  2. Jun 25 2020
    Judgment REVERSED and case REMANDED. Alito, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Gorsuch, and Kavanaugh, JJ., joined. Thomas, J., filed a concurring opinion. Breyer, J., filed an opinion concurring in the judgment, in which Ginsburg, J., joined. Sotomayor, J., filed a dissenting opinion, in which Kagan, J., joined.
  3. Mar 06 2020
    Lodging of petitioners consisting of a redacted transcript in related case filed. (Distributed)
  4. Mar 05 2020
    Lodging proposal of petitioners approved by the Clerk.
  5. Mar 02 2020
    Argued. For petitioners: Edwin S. Kneedler, Deputy Solicitor General, Department of Justice, Washington, D. C. For respondent: Lee Gelernt, New York, N. Y.
  6. Feb 14 2020
    Reply of petitioners Department of Homeland Security, et al. filed. (Distributed)
  7. Jan 22 2020
    Brief amici curiae of Immigration Scholars filed. (Distributed)
  8. Jan 22 2020
    Brief amici curiae of Professors Of Sri Lankan Politics filed. (Distributed)
  9. Jan 22 2020
    Brief amici curiae of Immigration and Human Rights Organizations filed. (Distributed)
  10. Jan 22 2020
    Brief amicus curiae of American Bar Association filed. (Distributed)
  11. Jan 22 2020
    Brief amici curiae of Scholars of the Law of Habeas Corpus filed. (Distributed)
  12. Jan 22 2020
    Brief amici curiae of Asylum Law Professors filed. (Distributed)
  13. Jan 22 2020
    Brief amici curiae of Legal Historians filed. (Distributed)
  14. Jan 22 2020
    Brief amici curiae of International Lawyers filed. (Distributed)
  15. Jan 22 2020
    Brief amici curiae of The States of Illinois, et al. filed. (Distributed)
  16. Jan 21 2020
    CIRCULATED
  17. Jan 15 2020
    Brief of respondent Vijayakumar Thuraissigiam filed.
  18. Jan 10 2020
    The record of the U.S.D.C. Southern District of California is electronic and available on PACER. SEALED documents electronically received by the Clerk.
  19. Jan 09 2020
    Record requested from the U.S.C.A. 9th Circuit.
  20. Jan 09 2020
    The record of the U.S.C.A. 9th Circuit is available on PACER. The SEALED record material has been electronically received by the Clerk.
  21. Dec 16 2019
    Brief amicus curiae of Immigration Reform Law Institute filed.
  22. Dec 16 2019
    Brief amici curiae of The States of Arizona, et al. filed.
  23. Dec 16 2019
    Brief amicus curiae of Criminal Justice Legal Foundation filed.
  24. Dec 09 2019
    Joint appendix filed.
  25. Dec 09 2019
    Brief of petitioners Department of Homeland Security, et al. filed.
  26. Dec 09 2019
    Proposal of petitioners to lodge copies of transcript hearing held before immigration judge on March 17, 2017, filed.
  27. Nov 26 2019
    SET FOR ARGUMENT on Monday, March 2, 2020.
  28. Nov 21 2019
    Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including December 9, 2019. The time to file respondent's brief on the merits is extended to and including January 15, 2020.
  29. Oct 30 2019
    Motion for an extension of time to file the briefs on the merits filed.
  30. Oct 18 2019
    Petition GRANTED.
  31. Oct 18 2019
    As Rule 34.6 provides, “If the Court schedules briefing and oral argument in a case that was governed by Federal Rule of Civil Procedure 5.2(c) or Federal Rule of Criminal Procedure 49.1(c), the parties shall submit electronic versions of all prior and subsequent filings with this Court in the case, subject to [applicable] redaction rules.” Subsequent party and amicus filings in the case should now be submitted through the Court’s electronic filing system, with any necessary redactions.
  32. Oct 15 2019
    DISTRIBUTED for Conference of 10/18/2019.
  33. Sep 19 2019
    Reply of petitioners Department of Homeland Security, et al. filed. (Distributed)
  34. Sep 18 2019
    DISTRIBUTED for Conference of 10/11/2019.
  35. Sep 04 2019
    Brief of respondent Vijayakumar Thuraissigiam in opposition filed.
  36. Aug 02 2019
    Petition for a writ of certiorari filed. (Response due September 4, 2019)
  37. Jun 26 2019
    Application (18A1219) granted by Justice Kagan extending the time to file until August 4, 2019.
  38. Jun 25 2019
    Application (18A1219) to extend further the time from July 5, 2019 to August 4, 2019, submitted to Justice Kagan.
  39. May 24 2019
    Application (18A1219) to extend the time to file a petition for a writ of certiorari from June 5, 2019 to July 5, 2019, submitted to Justice Kagan.
  40. May 24 2019
    Pursuant to Rule 34.6 and Paragraph 9 of the Guidelines for the Submission of Documents to the Supreme Court's Electronic Filing System, filings in this case should be submitted in paper form only, and should not be submitted through the Court's electronic filing system.
  41. May 24 2019
    Application (18A1219) granted by Justice Kagan extending the time to file until July 5, 2019.